The Committee of Ministers, under the terms of Article 32
(art. 32) of the Convention for the Protection of Human Rights and
Fundamental Freedoms (hereinafter referred to as "the Convention"),
Having regard to the report drawn up by the European
Commission of Human Rights in accordance with Article 31 (art. 31)
of the Convention relating to the applications lodged on
1 August 1988 by Pietro Spallazzo Mallone, Natale Lembo and
Giuseppe Calarco against Italy (Applications Nos. 14664/89,
14666/89 and 14665/89);
Whereas on 7 December 1993 the Commission transmitted the said
report to the Committee of Ministers and whereas the period of
three months provided for in Article 32, paragraph 1 (art. 32-1),
of the Convention has elapsed without the case having been brought
before the European Court of Human Rights in pursuance of
Article 48 (art. 48) of the Convention;
Whereas in their applications, as declared admissible by the
Commission on 30 June 1993 (final decision as to the
admissibility), the applicants complained of the excessive length
of certain criminal proceedings;
Whereas in its report adopted on 13 October 1993, the
Commission expressed, unanimously, the opinion that there had been
a violation of Article 6, paragraph 1 (art. 6-1), of the
Convention;
Whereas, at the 512th meeting of the Ministers' Deputies held
on 4 May 1994, the Committee of Ministers, agreeing with the
opinion expressed by the Commission, held, having voted in
accordance with the provisions of Article 32, paragraph 1
(art. 32-1), of the Convention, that there had been in this case a
violation of Article 6, paragraph 1 (art. 6-1), of the Convention;
Whereas the Committee of Ministers examined the proposals made
by the Commission when transmitting its report as regards just
satisfaction to be awarded to the applicants, proposals
supplemented by a letter of the President of the Commission dated
3 March 1995;
Whereas, at the 534th meeting of the Deputies held on
7 April 1995, the Committee of Ministers decided, in accordance
with Article 32, paragraph 2 (art. 32-2), of the Convention, that
the Government of Italy was to pay to each applicant as just
satisfaction, within three months, 30 000 000 Italian lire in
respect of non-pecuniary damage and 1 500 000 Italian lire in
respect of costs and expenses, namely a total sum of
94 500 000 Italian lire;
Whereas the Committee of Ministers invited the Government of
Italy to inform it of the measures taken following its decisions of
4 May 1994 and 7 April 1995, having regard to Italy's obligation
under Article 32, paragraph 4 (art. 32-4), of the Convention to
abide by them;
Whereas the Government of Italy recalled that measures had
already been taken to prevent the repetition of the violation found
in this case, notably through the entering into force on
24 October 1989 of the new Code of Criminal Procedure (see, inter
alia, Resolution DH (92) 54 in the case of Frau against Italy and
Resolution DH (94) 15 in the case of Sanfilippo against Italy);
Whereas the Committee of Ministers satisfied itself that
on 16 August and 5 September 1995 the Government of Italy paid the
applicants the total sum of 94 500 000 Italian lire as just
satisfaction,
Declares, having taken note of the measures taken by the
Government of Italy, that it has exercised its functions under
Article 32 (art. 32) of the Convention in this case;
Authorises the publication of the report adopted by the
Commission in this case.
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